How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

We are the leaseholder for a retail property and signed a 10

Customer Question

We are the leaseholder for a retail property and signed a 10 year lease in april 2007. We now want to move on from the property and have it on the market with an agent. On a land registry search we do not show up as the leaseholder, only the freeholder, so it appears our lease was not registered fro some reason. The law firm we dealt with for the new lease has since gone under. What are the implications for us now assigning the lease to someone else?
Kind Regards,
Mr Harmindar Webhra
07770 267988 *****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Your friend is correct. As the Lease is for over 7 years, it needs to be registered at the Land Registry, and any Assignee's Solicitor will demand that this be done before proceeding.

I therefore suggest that you contact the Solicitor who you intend to instruct once a new Tenant is found, to register the Lease at the Land Registry. There will be a Land Registration fee to pay- there will be no penalty. However, if you should have paid Stamp Duty on the Lease at the time and this was not paid, then there will be apenalty in this regard.

I hope this assists and sets out the legal position.

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.
Hi Harmindar,
Can I assist you any further?
Kind Regards
AL
Customer: replied 2 years ago.
Thank you for you reply. Do you have any idea how much stamp duty would be or how is it calculated?
Also, I have the original form that I signed an the lawyer never sent off in 2007. Do you think we will be able to claim the costs from the SRA as the original firm has gone under and this is something we were told was done.
Expert:  Aston Lawyer replied 2 years ago.

Hi Harminder,

I can't tell you of hand how much the Stamp Duty will be in total as there will be interest to pay plus fixed penalty which is likely to be £100.. You can however calculate how much the original amount should have been by using the HMRC website-

www.hmrc.gov.uk › Stamp Duty

You certainly should be entitled to claim back the additional costs via the SRA, so please keep a note of what you end up paying.

I hope this helps.

Kind Regards

AL

Customer: replied 2 years ago.

What is the process for claiming from the SRA? How long do you think this will take? Is it realistic to expect them to cover this?

Expert:  Aston Lawyer replied 2 years ago.

Hi Harminder,

Here is the link to the SRA page- sorry if you will need to copy and paste it.

www.sra.org.uk/consumers/problems/solicitor-owes-money.page

Once you have the full cost of the interest/fixed penalty, you will then need to complete their application form for a claim under their Compensation fund. I can't be definite, but in my experience, it would normally take them 2-3 months to deal with the claim.

I hope this helps.

Kind Regards

AL

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice